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Up & Down 24/7 Golf

Up and Down 24/7 Golf

LEGAL DISCLOSURE

Membership Agreements & Waivers

1. Agreement

This Membership Agreement ("Agreement") is entered into between Up & Down 24/7 Golf LLC ("Up & Down 24/7 Golf," "Company," "we," "our," or "us") and the individual purchasing a membership ("Member," "you," or "your").

By purchasing a membership, creating an account, or accessing the facility, you agree to be bound by this Agreement, the Waiver of Liability, and the Facility Rules.

2. Membership Benefits

Birdie Membership

The Birdie Membership includes:

  • Four (4) simulator hours per monthly billing cycle.

  • Seven (7) day advance booking window.

  • One (1) included guest.

  • Additional simulator time after included hours are exhausted:

    • $35.00 per hour (Off-Peak)

    • $45.00 per hour (Peak)

Unused monthly hours expire at the end of each billing cycle and do not roll over.

Eagle Membership

The Eagle Membership includes:

  • Eight (8) simulator hours per monthly billing cycle.

  • Fourteen (14) day advance booking window.

  • Up to three (3) included guests.

  • Additional simulator time after included hours are exhausted:

    • $30.00 per hour (Off-Peak)

    • $40.00 per hour (Peak)

Unused monthly hours expire at the end of each billing cycle and do not roll over.

3. Membership Billing

Memberships automatically renew each billing cycle until canceled by the Member.

By enrolling, the Member authorizes Up & Down 24/7 Golf LLC to automatically charge the payment method on file for all recurring membership fees and any authorized additional charges.

Membership pricing is established at the time of enrollment.

Founding Members receive discounted membership pricing. Fallback hourly rates remain the same for Founding Members and Regular Members.

4. Failed Payments

If any membership payment is declined, returned, or otherwise fails:

  • Membership is immediately suspended.

  • Facility access is immediately disabled.

  • Booking privileges are suspended.

  • Existing reservations may be canceled if payment is not resolved.

  • Membership benefits remain unavailable until the account is brought current.

Up & Down 24/7 Golf LLC reserves the right to terminate memberships with repeated failed payment attempts.

5. Cancellation

Members may cancel their membership at any time.

Cancellation prevents future renewals only.

Membership benefits remain active through the end of the current paid billing period.

No prorated refunds or partial refunds will be issued for unused time, unused simulator hours, or early cancellation.

Unused simulator hours expire at the end of the billing cycle.

6. Reservations

Reservations may be modified or canceled without penalty more than twenty-four (24) hours before the scheduled reservation.

Within twenty-four (24) hours of the reservation start time, the reservation becomes final.

If a reservation is canceled within twenty-four (24) hours or the Member fails to attend:

  • Included membership hours will be forfeited; or

  • If no included hours remain, the applicable membership fallback hourly rate will be charged.

No refunds or credits will be issued for late cancellations or no-shows.

7. Guests

Members are responsible for every guest they bring into the facility.

Birdie Membership

  • One (1) guest included.

Eagle Membership

  • Up to three (3) guests included.

Additional guests beyond the included amount are charged:

$15.00 per guest, per hour

The booking Member must remain present for the entire reservation.

The Member accepts responsibility for all actions, conduct, and damages caused by their guests.

8. Occupancy Limits

Each simulator bay has a maximum occupancy of four (4) people, including the booking Member.

Occupancy limits may not be exceeded under any circumstances without prior written approval from Up & Down 24/7 Golf LLC.

9. Membership Sharing

Memberships are non-transferable.

Members may not:

  • Share memberships.

  • Share account credentials.

  • Share booking privileges.

  • Share door access codes.

  • Permit another individual to use their reservation without the Member present.

  • Allow unauthorized persons into the facility.

Violation of this section constitutes a material breach of this Agreement.

Up & Down 24/7 Golf LLC may immediately:

  • Terminate the membership;

  • Disable facility access;

  • Cancel future reservations; and

  • Deny future membership eligibility.

No refunds will be issued.

10. Responsibility for Guests

Members are fully responsible for the actions of all guests entering under their reservation.

The Member assumes responsibility for ensuring guests comply with all Facility Rules.

Any damage caused by guests becomes the responsibility of the booking Member.

11. Damage to Equipment

Members are financially responsible for damage resulting from intentional misconduct, negligence, misuse of equipment, or violation of this Agreement.

Covered equipment includes, but is not limited to:

  • Launch monitors

  • Projectors

  • Impact screens

  • Hitting mats

  • Turf

  • Computers

  • Touchscreens

  • TVs

  • Cameras

  • Network equipment

  • Furniture

  • Doors

  • Locks

  • Walls

  • Fixtures

  • Building components

Up & Down 24/7 Golf LLC may charge the Member for the reasonable cost of repair or replacement.

Membership privileges may remain suspended until all damages are resolved.

Normal wear and tear is excluded.

12. Equipment Tampering

Members and guests may not:

  • Move

  • Disconnect

  • Unplug

  • Adjust

  • Modify

  • Repair

  • Tamper with

any equipment owned by Up & Down 24/7 Golf LLC.

This includes, but is not limited to:

  • Launch monitors

  • Projectors

  • Screens

  • Computers

  • TVs

  • Cameras

  • Networking equipment

  • Mats

  • Turf

  • Electrical equipment

  • Cables

Equipment issues must be reported immediately.

Unauthorized tampering may result in immediate suspension or permanent termination without refund.

Members remain financially responsible for resulting damages.

13. Maintenance and Temporary Closures

Up & Down 24/7 Golf LLC reserves the right to temporarily close the facility or individual simulator bays for:

  • Maintenance

  • Repairs

  • Equipment replacement

  • Cleaning

  • Software updates

  • Internet outages

  • Utility interruptions

  • Safety concerns

  • Emergencies

  • Operational needs

Temporary closures do not constitute a breach of this Agreement.

Refunds, credits, or extensions are provided only at the sole discretion of Up & Down 24/7 Golf LLC.

14. Modification of Memberships

Up & Down 24/7 Golf LLC reserves the right to modify operating procedures, reservation policies, facility rules, and membership offerings when reasonably necessary for business operations.

Any material changes will be communicated to Members before taking effect.

15. Governing Law

This Agreement shall be governed by and interpreted under the laws of the State of Texas.

16. Severability

If any provision of this Agreement is determined to be unenforceable, all remaining provisions shall remain in full force and effect.

17. Entire Agreement

This Agreement, together with the Waiver of Liability and Facility Rules, constitutes the entire agreement between the Member and Up & Down 24/7 Golf LLC.

18. Electronic Acceptance

By checking the acceptance box during registration or renewal, the Member acknowledges that they have read, understood, and agree to be legally bound by this Membership Agreement.

An electronic acceptance shall have the same legal effect as a handwritten signature.

Liability Waiver

1. Assumption of Risk

Golf is an inherently hazardous activity. Indoor golf facilities present additional risks due to confined spaces, golf clubs, golf balls, simulator equipment, projectors, impact screens, launch monitors, electrical equipment, and other patrons.

By entering the Facility, you voluntarily assume all risks, known and unknown, including but not limited to:

  • Being struck by a golf club

  • Being struck by a golf ball

  • Ricochets from simulator screens or enclosure components

  • Slips, trips, and falls

  • Equipment malfunction

  • Flying debris

  • Property damage

  • Personal injury

  • Permanent disability

  • Death

You voluntarily accept these risks for yourself and any guests you bring into the Facility.

2. Release of Liability

To the fullest extent permitted under Texas law, you release, waive, discharge, and covenant not to sue Up & Down 24/7 Golf LLC, its owners, officers, managers, employees, contractors, landlords, affiliates, successors, and assigns from any and all claims, demands, causes of action, liabilities, damages, losses, costs, attorney's fees, or expenses arising out of or related to:

  • Personal injury

  • Death

  • Property damage

  • Equipment failure

  • Negligence (except where prohibited by law)

  • Participation in golf activities

  • Use of simulator equipment

  • Entry into or presence at the Facility

This release applies whether injuries occur before, during, or after Facility use.

3. Medical Responsibility

You certify that you are physically capable of participating in golf-related activities.

If you have any medical condition that may impair your ability to safely participate, you assume full responsibility for deciding whether to participate.

Up & Down 24/7 Golf does not provide medical supervision or medical services.

4. Unstaffed Facility

Members acknowledge that Up & Down 24/7 Golf operates as a self-service, unattended facility.

Employees may not be present during your reservation.

Members accept full responsibility for their own safety and the safety of their guests while using the Facility.

5. Guest Responsibility

Members are fully responsible for every guest admitted under their reservation.

Guests must comply with this Agreement and all posted Facility Rules.

Any damage or misconduct caused by a guest remains the financial responsibility of the member who admitted that guest.

6. Property Damage

Members agree to exercise reasonable care while using Facility property.

Members may be held financially responsible for damage caused by intentional acts, misuse, reckless behavior, negligence, or violation of Facility Rules, including damage to:

  • Launch monitors

  • Impact screens

  • Projectors

  • Computers

  • Televisions

  • Turf

  • Mats

  • Clubs

  • Furniture

  • Doors

  • Locks

  • Cameras

  • Building fixtures

Normal wear and tear is excluded.

7. Security Cameras

For the safety and security of members and the protection of Facility property, the Facility is monitored by video surveillance.

By entering the Facility, you acknowledge and consent to being recorded by security cameras.

Video recordings may be used for:

  • Security investigations

  • Property damage claims

  • Insurance claims

  • Law enforcement requests

  • Enforcement of membership policies

8. Emergency Situations

Members agree to immediately contact emergency services by dialing 911 when necessary.

Members must promptly notify Up & Down 24/7 Golf of any accident, injury, equipment failure, or property damage.

9. Personal Property

Up & Down 24/7 Golf is not responsible for lost, stolen, or damaged personal property.

Members are solely responsible for securing their belongings.

10. Indemnification

Members agree to defend, indemnify, and hold harmless Up & Down 24/7 Golf LLC from any claims, lawsuits, damages, liabilities, costs, or expenses arising from:

  • Their own conduct

  • Their guests

  • Violation of this Agreement

  • Improper use of the Facility

11. Governing Law

This Agreement shall be governed by the laws of the State of Texas.

Any legal action shall be brought exclusively in the appropriate state or federal court located within Texas.

12. Severability

If any provision of this Agreement is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

13. Electronic Acceptance

By checking the acceptance box during the membership purchase process, you acknowledge that:

  • You have read this Agreement.

  • You understand its contents.

  • You voluntarily agree to all terms.

  • Your electronic acceptance has the same legal effect as a handwritten signature.

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